Mandatory Reporting of Health Professional Incompetence and Incapacity: Is it Time to Adopt the Australian Regime?

Abstract

Identifying poor or unsafe practice is an important aspect of professional regulation. One way that health profession regulators access this information is through legislated mandatory reporting of incompetence or incapacity. Australia's mandatory reporting provisions are far-reaching and have become a touchstone issue in Australia's regulatory framework. In Ontario, mandatory reporting of health professionals is more limited. In this article, we compare the mandatory reporting regimes in these two jurisdictions through a historical and legal analysis examining the development and reform of mandatory reporting. Regulators' access to and handling of information about professionals has been under a critical media spotlight recently. Canadian policymakers and nurse leaders should consider advocating for more comprehensive mandatory reporting regimes with clear reporting structures to improve public confidence in regulation and protect the public.